Kramel, et al., v. Advance Electric Company Incorporated of Raytown et al

Filing 24

ORDER granting 22 motion for default judgment Signed by District Judge Gary A. Fenner on 12/14/09. (Mitchell, Lisa) Copy mailed regular and certified mail, return receipt #7006 0100 0001 8843 3715 to Advance Electric Company, Inc., return receipt # 7006 0100 0001 8843 3708 to Ameenah H. Donnell, return receipt #7006 0100 0001 8843 3722 to Theotis Donnell, 7212 Marion Avenue, Kansas City, MO 64133 on 12/15/2009 (McDowell, Shelly).

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION WILLIAM KRAMEL, et al., Plaintiffs, vs. ADVANCE ELECTRIC COMPANY INCORPORATED OF RAYTOWN, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) Case No. 09-0043-CV-W-GAF ORDER GRANTING MOTION FOR DEFAULT JUDGMENT Presently before the Court is Plaintiffs William Kramel and Derrick Freeman's (collectively "Plaintiffs") Motion for Default Judgment. (Doc. #22). Plaintiffs filed the instant action against Defendants Advance Elective Company Incorporated of Raytown, Theotis Donnell, and Ameenah Donnell (collectively "Defendants") on January 21, 2009 (Doc. #1), and served them on May 1, 2009. (Doc. ##4-6). Thereafter, Plaintiffs filed their First Amended Complaint on July 15, 2009 (Doc. #14), and served Defendants on July 20, 2009. (Doc. ##16-18). To date, Defendants have not answered Plaintiffs' Complaint or First Amended Complaint or responded to either the pending Motion or the Court's Order to Show Cause dated November 5, 2009 (Doc. #23). In affidavits attached to the pending Motion, Plaintiffs represent damages as follows: Plaintiff William Kramel; Uncompensated work-time: $20,130.001 Includes uncompensated straight time of 425 hours at $30 per hour; uncompensated overtime of 39 hours at $45 per hour; and partially compensated overtime of 375 hours at $15 per hour. Kramel Aff., 27. 1 Liquidated damages2: Expenses: Kramel sub-total: Plaintiff Derrick Freeman: Uncompensated work-time: Liquidated damages: Expenses: Freeman sub-total: Attorneys' Fees: Total: $20,130.00 $ 2,213.543 $42,473.54 $ 9,101.254 $ 9,101.25 $ 238.285 $18,440.78 $10,488.006 $71,402.32 Because Defendants have failed to plead or otherwise defend, Plaintiffs' Motion is GRANTED. Therefore, it is ORDERED that Defendants are jointly and severally liable for damages in the amount of $71,402.32. Defendants shall remit payment in the amount of $71,402.32 to Plaintiffs' counsel, Mark V. Dugan of Dugan Scholzman LLC, within sixty (60) days from the date of this Order. s/ Gary A. Fenner Gary A. Fenner, Judge United States District Court DATED: December 14, 2009 Under the Fair Labor Standards Act, Plaintiffs are entitled to liquidated damages in an amount equal to actual damages. 29 U.S.C. 216(b) (2009). See also Braswell v. City of El Dorado, 187 F.3d 954, 957 (8th Cir. 1999). 3 2 See Kramel Aff., 17-26. Includes uncompensated straight time of 459.75 hours at $15 per hour; uncompensated overtime of 23 hours at $22.50 per hour; and partially compensated overtime of 225 hours at $7.50 per hour. Freeman Aff., 27. 5 4 See Freeman Aff., 23-26 Based on 36.8 hours at $285 per hour. Dugan Aff., 7, 12-13. 2 6

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